The Lawyers Weekly - January 28, 2011

Bastarache
Continued From Page 3
judicial determination. I’m very
comfortable with the fact that if
you’re going to make an allegation
of really improper or immoral
conduct then the judge, before
reaching a conclusion, should be
satisfied with a high comfort level
with his conclusions.”
But while Bastarache con-
cluded that Bellemare’s allegations
were not supported by “clear and
convincing” evidence, he did find
several flaws in the judicial selec-
tion and appointment process. At
present, under the Regulation
respecting the procedure for the
selection of persons apt for
appointment as judges, the Minis-
ter of Justice must publish a notice
in a newspaper, inviting interested
persons to submit their candidacy.
An ad hoc selection commit-
tee—composed of a judge of the
court where there is a vacancy, a
lawyer, and a member of the pub-
lic—assess the experience and
personal and intellectual qualities
of candidates. After the committee
submits its report on candidates it
considers “apt for appointment as
judges,” the minister then recom-
mends an appointment among the
shortlist of candidates. The candi-
dates’ names, the selection com-
mittee’s report and the documents
attached to a registration are sup-
posed to be confidential.

Quotes by Louis Masson were
translated from French by the
author.

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